THE DEEDS OF ARRANGEMENT ACT

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CHAPTER 26
THE DEEDS OF ARRANGEMENT ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
3. Deeds of arrangement to which Act applies.
part ii
AVOIDANCE OF DEEDS OF ARRANGEMENT WHERE
STATUTORY CONDITIONS NOT COMPLIED WITH
4. Avoidance of unregistered deeds of arrangement.
5. Avoidance deeds of arrangement unless assented to
by majority of creditors.
part iii
REGISTRATION OF DEEDS OF ARRANGEMENT
6. Appointment of Registrar.
7. Mode of registration.
8. Form of Register.
9. Rectification of Register.
10. Time for registration.
11. Inspection of Register and registered deeds.
part iv
PROVISIONS AS TO TRUSTEES
12. Security by trustee.
13. Penalty on trustee acting when deed of arrangement becomes void.
14. Transmission of accounts to official receiver.
15. Transmission of accounts to creditors.
16. Audit of accounts.
17. Payment of undistributed moneys into court.
18. Preferential payment to creditor offence.
19. Power of High Court to appoint new trustee.

ccounts.
17. Payment of undistributed moneys into court.
18. Preferential payment to creditor offence.
19. Power of High Court to appoint new trustee.

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
20. Provisions for protection of trustees under void deeds.
21. Notice to creditors of avoidance of deed.
22. Payment of expenses incurred by trustees.
23. Application of Part IV.
part v
GENERAL PROVISIONS
24. Courts in which applications for enforcement of trusts
to be made.
25. Relation to bankruptcy law.
26. Office copies.
27. Fees.
28. Rules.

VISIONS
24. Courts in which applications for enforcement of trusts
to be made.
25. Relation to bankruptcy law.
26. Office copies.
27. Fees.
28. Rules.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Deeds of Arrangement Act. 2.–(1) In this Act, unless the context otherwise requires-
“creditors generally” includes creditors who may assent to,
or take the benefit of a deed of arrangement;
“prescribed” means prescribed by rules made under this Act;
“property” has the same meaning as in the Bankruptcy Act;
“Registrar” means the Registrar appointed under the
provisions of section 6 and includes an assistant registrar. (2) For the purpose of determining the number of creditors
for whose benefit a deed is made, two or more joint creditors
shall be treated as a single creditor. 3.–(1) A deed of arrangement to which this Act applies shall
include any instrument of the classes hereinafter mentioned
whether under seal or not-
(a) made by, for or in respect of the affairs of a debtor for
the benefit of his creditors generally;
(b) made by, for or in respect of the affairs of a debtor
who was insolvent at the date of the execution of the
Short title
Interpretation
Ord. No. 41 of 1958 s. 2
Cap.

r in respect of the affairs of a debtor
who was insolvent at the date of the execution of the
Short title
Interpretation
Ord. No. 41 of 1958 s. 2
Cap.

25
1 Ord. No. 41 of 1958 had not come into operation on 31st December, 1958
Deeds of
arrangement to
which Act applies
CHAPTER 26
THE DEEDS OF ARRANGEMENT ACT
An Act to regulate deeds of arrangement. [25th February, 1930]
Ords. Nos. 10 of 1930
13 of 1954
41 of 19581
GN. No. 478 of 1962
[R.L. Cap. 26]

ENT ACT
An Act to regulate deeds of arrangement. [25th February, 1930]
Ords. Nos. 10 of 1930
13 of 1954
41 of 19581
GN. No. 478 of 1962
[R.L. Cap. 26]

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
instrument for the benefit of any three or more of
his creditors,
otherwise than in pursuance of the law for the time being in
force relating to bankruptcy. (2) The classes of instrument hereinbefore referred to are-
(a) an assignment of property;
(b) a deed of or agreement for a composition, and in cases
where creditors of the debtor obtain any control over
his property or business-
(i) a deed of inspectorships entered into for the
purpose of carrying on or winding up a business;
(ii) a letter of licence authorising the debtor or any
person to manage, carry on, realise or dispose of a
business with a view to the payment of debts; and
(iii) an agreement or instrument entered into for the
purpose of carrying on or winding up the debtor’s
business, or authorising the debtor or any person
to manage, carry on, realise or dispose of the
debtor’s business with a view to the payment of
his debts. PART II
AVOIDANCE OF DEEDS OF ARRANGEMENT WHERE
STATUTORY CONDITIONS NOT COMPLIED WITH
4.

e
debtor’s business with a view to the payment of
his debts. PART II
AVOIDANCE OF DEEDS OF ARRANGEMENT WHERE
STATUTORY CONDITIONS NOT COMPLIED WITH
4.

A deed of arrangement shall be void unless it is registered
with the Registrar under this Act within seven clear days after
the first execution thereof by the debtor or any creditor, or
where it is first executed in any place out of the municipality of
Dar es Salaam, then within seven days after the time at which it
would, in the ordinary course of post, arrive in Dar es Salaam,
where posted within one week after the first execution thereof,
and unless it bears an ordinary and ad valorem stamp as is
provided by this Act. Avoidance of
unregistered
deeds of
arrangement
Ord. No. 41 of 1958 s. 4

d unless it bears an ordinary and ad valorem stamp as is
provided by this Act. Avoidance of
unregistered
deeds of
arrangement
Ord. No. 41 of 1958 s. 4

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
5.–(1) A deed of arrangement which either is expressed to
be or is in fact for the benefit of a debtor’s creditors generally,
shall be void unless, before or within twenty-one days after
the registration thereof, or within extended time as the High
Court or the court having jurisdiction in bankruptcy in the
district in which the debtor resided or carried on business at
the date of the execution of the deed may allow, it has received
the assent of a majority in number and value of the creditors
of the debtor. (2) The list of creditors annexed to the affidavit of the debtor
filed on the registration of the deed of arrangement shall be
prima facie evidence of the names of the creditors and the
amounts of their claims. (3) The assent of a creditor for purposes of subsection (1)
shall be established by his executing, the deed of arrangement
or sending to the trustee his assent in writing attested by a
witness, but not otherwise.

all be established by his executing, the deed of arrangement
or sending to the trustee his assent in writing attested by a
witness, but not otherwise.

(4) The trustee shall file with the Registrar at the time of
the registration of a deed of arrangement or in the case of a
deed of arrangement assented to after registration, within
twenty-eight days after registration or within extended time as
the High Court or the court having jurisdiction in bankruptcy
in the district in which the debtor resided or carried on
business at the date of the execution of the deed may allow, a
statutory declaration by the trustee that, the requisite majority
of the creditors of the debtor have assented to the deed of
arrangement, which declaration shall, in favour of a purchaser
for value, be conclusive evidence and in other cases, be prima
facie evidence of the fact declared. (5) In calculating a majority of creditors for the purpose
of this section, a creditor holding security upon the property
of the debtor shall be reckoned as a creditor in respect of
the balance, if any, due to him after deducting the value of
the security and creditors whose debts amount to sums not
exceeding two hundred shillings shall be reckoned in the
majority in value but not in the majority in number.

creditors whose debts amount to sums not
exceeding two hundred shillings shall be reckoned in the
majority in value but not in the majority in number.

Avoidance deeds
of arrangement
unless assented
to by majority of
creditors

Avoidance deeds
of arrangement
unless assented
to by majority of
creditors

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
PART III
REGISTRATION OF DEEDS OF ARRANGEMENT
6. The Minister responsible for legal affairs shall appoint
a Registrar to perform the duties and exercise the powers
imposed and conferred by this Act, and may appoint a number
of assistant registrars who shall be subject to the directions of
the Registrar.

he powers
imposed and conferred by this Act, and may appoint a number
of assistant registrars who shall be subject to the directions of
the Registrar.

7.–(1) The registration of a deed of arrangement under this
Act shall be effected in the following manner:
(a) a true copy of the deed, and a Schedule or inventory
thereto annexed, or therein referred to, shall be
presented to and filed with the Registrar within the
time laid down in section 4, together with an affidavit
verifying the time of execution and containing a
description of the residence and occupation of the
debtor, and of the place or places where his business is
carried on; and
(b) an affidavit by the debtor stating the total estimated
amount of property and liabilities included under
the deed, the total amount of the composition, if any,
payable thereunder and the names and addresses of
his creditors. (2) A deed shall not be registered under this Act unless
the original of deed duly stamped with the proper stamp
duty and in addition to the duty a stamp denoting a duty
computed at the rate of one shillings for every two thousand
shillings or fraction of two thousand shillings of the amount
of composition payable under the deed and is produced to the
Registrar at the time of registration. 8.

raction of two thousand shillings of the amount
of composition payable under the deed and is produced to the
Registrar at the time of registration. 8.

The Registrar shall keep a Register wherein shall be entered,
as soon as conveniently may, after the presentation of a deed for
registration, an abstract of the contents of deed of arrangement
Appointment of
Registrar
Ord. No. 41 of 1958 s. 5;
GN. No. 478 of 1962
Mode of
registration
Ords. Nos. 13 of 1954 s. 2;
41 of 1958 s. 6
Form of Register

pointment of
Registrar
Ord. No. 41 of 1958 s. 5;
GN. No. 478 of 1962
Mode of
registration
Ords. Nos. 13 of 1954 s. 2;
41 of 1958 s. 6
Form of Register

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
registered under this Act containing the following and any
other prescribed particulars-
(a) the date of the deed;
(b) the name, address and description of the debtor, the
place or places where his business was carried on at the
date of the execution of the deed, the title of the firm
or firms under which the debtor carried on business,
and the name and address of the trustee, if any, under
the deed;
(c) a short statement of the nature and effect of the
deed, and of the composition in the pound payable
thereunder;
(d) the date of registration;
(e) the amount of property and liabilities included under
the deed, estimated by the debtor. 9.

ound payable
thereunder;
(d) the date of registration;
(e) the amount of property and liabilities included under
the deed, estimated by the debtor. 9.

The High Court upon being satisfied that the omission
to Register a deed of arrangement within the time required
by this Act or the omission or misstatement of the name,
residence or description of any person was accidental or
due to inadvertence, or to some cause beyond the control of
the debtor and not imputable to any negligence on his part
may, on the application of any party interested, and on terms
and conditions as are just and expedient, extend the time
for registration, or order the omission or misstatement to be
supplied or rectified by the insertion in the Register of the true
name, residence or description. 10. Where the time for registering a deed of arrangement
expires on Sunday or other day on which the registration office
is closed, the registration shall be valid where made on the next
following day on which the office is open. 11. A person shall be entitled at reasonable times to search
the Register on payment of one shilling, or other fee as may
be prescribed in the regulations, to inspect, examine and
make extracts from any registered deed of arrangement
Rectification of
Register
Time for
registration
Inspection of
Register and
registered deeds

and
make extracts from any registered deed of arrangement
Rectification of
Register
Time for
registration
Inspection of
Register and
registered deeds

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
without being required to make a written application or to
specify any particulars in reference thereto, for each deed of
arrangement inspected:
Provided that, the extracts shall be limited to the dates
of execution and registration, the names, addresses and
descriptions of the debtor and the parties to the deed, a short
statement of the nature and effect of the deed, and any other
prescribed particulars.

descriptions of the debtor and the parties to the deed, a short
statement of the nature and effect of the deed, and any other
prescribed particulars.

PART IV
PROVISIONS AS TO TRUSTEES
12.–(1) The trustee under a deed of arrangement shall, within
fourteen days from the date on which the statutory declaration
certifying the assent of the creditors is filed, give security in the
prescribed manner to the Judge or Registrar of the court having
jurisdiction in bankruptcy in the district in which the debtor
resided or carried on business at the date of the execution of
the deed, in a sum equal to the estimated assets available for
distribution amongst the unsecured creditors as shown by the
affidavit filed on registration to administer the deed properly
and account fully for the assets which come to his hands, unless
a majority in number and value of the debtor’s creditors, either
by resolution passed at a meeting convened by notice to the
creditors, or by writing addressed to the trustee, dispense with
his giving the security:
Provided that, when a dispensation has been given, the
trustee shall forthwith make and file with the Registrar a
statutory declaration to that effect, in favour of a purchaser for
value which shall be conclusive evidence, and, in other cases,
be prima facie evidence of the facts declared.

hat effect, in favour of a purchaser for
value which shall be conclusive evidence, and, in other cases,
be prima facie evidence of the facts declared.

(2) Where a trustee under a deed of arrangement fails to
comply with the requirements of this section, the court having
jurisdiction in bankruptcy in the district in which the debtor
resided or carried on business at the date of the execution of
Security by
trustee
Ord. No. 41 of 1958 s. 8

ruptcy in the district in which the debtor
resided or carried on business at the date of the execution of
Security by
trustee
Ord. No. 41 of 1958 s. 8

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
the deed, on the application of any creditor and after hearing a
person as it may think fit, may declare the deed of arrangement
to be void or make an order appointing another trustee in the
place of the trustee appointed by the deed of arrangement. (3) A certificate that, the security required by this section
has been given by a trustee, signed by the judge or the Registrar
of the court to whom it was given and filed with the registrar,
shall be conclusive evidence of the fact. (4) The moneys received by a trustee under a deed of
arrangement shall be banked by him to an account to be
opened in the name of the debtor’s estate.

(4) The moneys received by a trustee under a deed of
arrangement shall be banked by him to an account to be
opened in the name of the debtor’s estate.

(5) In calculating a majority of creditors for purposes of
this section, a creditor holding security upon the property
of the debtor shall be reckoned as a creditor in respect of the
balance, if any, due to him after deducting the value of security,
and creditors whose debts amount to sums not exceeding two
hundred shillings shall be reckoned in the majority in value
but not in the majority in number. 13.

itors whose debts amount to sums not exceeding two
hundred shillings shall be reckoned in the majority in value
but not in the majority in number. 13.

Where a trustee acts under a deed of arrangement after-
(a) it has to his knowledge become void by reason of non-
compliance with any of the requirements of this Act or
any enactment repealed by this Act;
(b) he has failed to give security within the time and in
the manner provided for by this Act or any enactment
repealed by this Act,
on conviction shall be liable to a fine not exceeding
one hundred shillings for every day between the date on which
the deed became void or the expiration of the time within
which security should have been given, as the case may be,
and the last day on which he is proved to have acted as trustee,
unless he satisfies the court before which he is accused that,
his contravention of the law was due to inadvertence, or his
action has been confined to taking steps as were necessary for
the protection of the estate. Penalty on trustee
acting when deed
of arrangement
becomes void

has been confined to taking steps as were necessary for
the protection of the estate. Penalty on trustee
acting when deed
of arrangement
becomes void

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
14.–(1) A trustee under a deed of arrangement shall, at the
times as may be prescribed, transmit to the official receiver
in bankruptcy for Tanzania or as he directs, an account of his
receipts and payments as trustee, in the prescribed form and
verified in the prescribed manner. (2) A trustee who fails to transmit the account commits an
offence and on conviction shall be liable to a fine not exceeding
one hundred shillings for each day during which the default
continues, and the High Court for the purpose of enforcing
the provisions of the last preceding subsection, shall exercise,
on the application of the official receiver, the powers conferred
on the court by section 100(2) of the Bankruptcy Act in cases
of bankruptcy.

ercise,
on the application of the official receiver, the powers conferred
on the court by section 100(2) of the Bankruptcy Act in cases
of bankruptcy.

(3) The accounts transmitted to the official receiver in
pursuance of this section shall be open to inspection by the
debtor or any creditor or other person interested on payment of
the prescribed fee, and copies of or extracts from the accounts
shall, on payment of the prescribed fee, be furnished to the
debtor, the creditors or any other persons interested. (4) In this section the expression “trustee” shall include a
person appointed to distribute a composition or to act in any
fiduciary capacity under any deed of arrangement, and the
expression “prescribed” means prescribed by rules under the
Bankruptcy Act.

or to act in any
fiduciary capacity under any deed of arrangement, and the
expression “prescribed” means prescribed by rules under the
Bankruptcy Act.

15.–(1) A trustee under a deed of arrangement at the expiration
of six months from the date of the registration of the deed,
and thereafter at the expiration of a subsequent period of six
months until the estate has been finally wound up shall send to
each creditor who has assented to the deed a statement in the
prescribed form of the trustee’s accounts and the proceedings
under the deed down to the date of the statement, and in
his affidavit verifying his accounts transmitted to the official
receiver, state whether or not he has duly sent the statements,
and the dates on which the statements were sent. (2) Where a trustee fails to comply with the provisions of
this section, the High Court may, for the purpose of enforcing
Transmission
of accounts to
official receiver
Cap. 25
Cap. 25
Transmission
of accounts to
creditors

, the High Court may, for the purpose of enforcing
Transmission
of accounts to
official receiver
Cap. 25
Cap. 25
Transmission
of accounts to
creditors

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
those provisions, exercise on the application of the official
receiver, the powers conferred on the court by section 100(2)
of the Bankruptcy Act in cases of bankruptcy.

xercise on the application of the official
receiver, the powers conferred on the court by section 100(2)
of the Bankruptcy Act in cases of bankruptcy.

16.–(1) Where, in the course of administration of the estate of
a debtor who has executed a deed of arrangement, or within
twelve months from the date when the final accounts of the
estate were rendered to the official receiver, an application
in writing is made to the official receiver by a majority in
number and value of the creditors who have assented to the
deed for an official audit of the trustee’s accounts, the official
receiver may cause the trustee’s accounts to be audited, and
in that case, the provisions of the Bankruptcy Act relating to
the institution and enforcement of an audit of the accounts of
a trustee in bankruptcy (including the provisions as to fees)
shall, with necessary modifications, apply to the audit of the
trustee’s accounts, and the official receiver shall have power on
the audit to require production of a certificate for the taxed
costs of any advocate whose costs have been paid or charged
by the trustee, and disallow the whole of any part of any costs
in respect of which no certificate is produced.

whose costs have been paid or charged
by the trustee, and disallow the whole of any part of any costs
in respect of which no certificate is produced.

(2) The official receiver may determine how and what parties,
the costs, charges and expenses of and incidental to the audit
(including any prescribed fees chargeable in respect thereof) are
to be borne, whether by the applicants or by the trustee or out of
the estate, and before granting application for an audit, require
the applicants to give security for the costs of the audit. 17. At any time after the expiration of two years from the date
of the registration of a deed of arrangement, the court having
jurisdiction in bankruptcy in the district in which the debtor
resided or carried on business at the date of the execution of
the deed on the application of the trustee or creditor, or on the
application of the debtor may order that, moneys representing
unclaimed dividends and undistributed funds in the hands
of the trustee or under his control be paid into court or to
Cap. 25
Audit of accounts
Cap. 25
Payment of
undistributed
moneys into
court

in the hands
of the trustee or under his control be paid into court or to
Cap. 25
Audit of accounts
Cap. 25
Payment of
undistributed
moneys into
court

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
the official receiver for the credit of the Bankruptcy Estates
Accounts as the court shall deem fit. 18. Where a trustee under a deed of arrangement pays to any
creditor out of the debtor’s property, a sum larger in proportion
to the creditor’s claim than that paid to other creditors entitled
to the benefit of the deed commits an offence unless, the deed
authorises him to do so, or the payments are either made to a
creditor entitled to enforce his claim by distress or as would be
lawful in a bankruptcy. 19.–(1) The High Court may, whenever it is expedient to
appoint a new trustee under a deed of arrangement and it is
found inexpedient difficult or impracticable so to do without
the assistance of the court, make an order for the appointment
of new trustee. (2) In particular and without prejudice to the generality of
the the foregoing provision, the court may make an order for
the appointment of a new trustee in substitution for a trustee
who is convicted of an offence or is a bankrupt.

ision, the court may make an order for
the appointment of a new trustee in substitution for a trustee
who is convicted of an offence or is a bankrupt.

(3) An order under this section, and any consequential
vesting order or conveyance, shall not operate further or
otherwise as a discharge to any former trustee than an
appointment of a new trustee under any power for that purpose
contained in any deed of arrangement would have operated. 20.–(1) Where a deed of arrangement is void by reason that,
the requisite majority of creditors have not assented thereto,
or, in the case of a deed for the benefit of three or more
creditors, by reason that, the debtor was insolvent at the time
of the execution of the deed and the deed was not registered as
required by this Act but is not void for any other reason, and
a receiving order is made against the debtor upon a petition
presented after the lapse of three months from the execution
of the deed, the trustee under the deed shall not be liable to
account to the trustee in the bankruptcy for any dealings with
or payments made out of the debtor’s property which would
Preferential
payment to
creditor offence
Power of High
Court to appoint
new trustee
Provisions for
protection of
trustees under
void deeds

which would
Preferential
payment to
creditor offence
Power of High
Court to appoint
new trustee
Provisions for
protection of
trustees under
void deeds

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
have been proper, where the deed had been valid if he proves
that at the time of dealings or payments he did not know, and
had no reason to suspect that the deed was void. (2) Where a receiving order is made against a debtor under
section 102 of the Bankruptcy Act, this section shall apply if
the receiving order was made after the lapse of three months
from the execution of the deed. 21. When a deed of arrangement is avoided by virtue of this
Act for any reason other than that of being for the benefit of
creditors generally and it has not been registered within the
time allowed for the purpose by this Act, the trustee, as soon
as practicable after he has become aware that the deed is void
shall, give notice in writing thereof to each creditor whose
name and address he knows, and file a copy of the notice with
the Registrar, and, where he fails so to do, commits an offence
and on conviction shall be liable to a fine not exceeding four
hundred shillings. 22.

the Registrar, and, where he fails so to do, commits an offence
and on conviction shall be liable to a fine not exceeding four
hundred shillings. 22.

Where a deed of arrangement is avoided by reason of the
bankruptcy of the debtor, the expenses properly incurred by
the trustees under the deed in the performance of any of the
duties imposed on him under this Act, shall be allowed or paid
to him by the trustee in the bankruptcy as a first charge on
the estate. 23. The provisions of this Part of this Act, except of those
provisions as -
(a) related to the transmission of accounts to the official
receiver of the debtor’s estate for the United Republic;
(b) provide for the protection of trustees under void deeds;
(c) require a notice to be given to creditors of avoidance
of deeds;
(d) provide for the payment of expenses incurred by trustees,
shall not apply to a deed of arrangement made for the benefit
of any three or more of the debtor’s creditors unless it is in fact
for the benefit of the debtor’s creditors generally. Cap. 25
Notice to
creditors of
avoidance of deed
Payment of
expenses
incurred by
trustees
Application of
Part IV

of the debtor’s creditors generally. Cap. 25
Notice to
creditors of
avoidance of deed
Payment of
expenses
incurred by
trustees
Application of
Part IV

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THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
PART V
GENERAL PROVISIONS
24. An application by the trustee under a deed of arrangement,
which either is expressed to be or is in fact for the benefit of
the debtor’s creditors generally, or by the debtor or by any
creditor entitled to the benefit of a deed of arrangement, the
enforcement of the trusts or the determination of questions
under it, shall be made to the High Court.

ed to the benefit of a deed of arrangement, the
enforcement of the trusts or the determination of questions
under it, shall be made to the High Court.

25.–(1) Where the trustee under a deed of arrangement, which
either is expressed to be or is in fact for the benefit of the
debtor’s creditors generally, serves in the prescribed manner on
any creditor of the debtor a notice in writing of the execution
of the deed and the filing of the statutory declaration certifying
the creditors’ assents with an intimation that, the creditor shall
not after the expiration of one month from the service of the
notice be entitled to present a bankruptcy petition against
the debtor founded on the execution of the deed or any other
act committed by him in the course or for the purpose of the
proceedings preliminary to the execution of the deed as an act
of bankruptcy, a creditor shall not, after the expiration of that
period be entitled to present a bankruptcy petition against
the debtor founded on the execution of the deed or any act
committed by him as an act of bankruptcy, unless the deeds
becomes void.

y petition against
the debtor founded on the execution of the deed or any act
committed by him as an act of bankruptcy, unless the deeds
becomes void.

(2) Where a deed of arrangement as aforesaid has become
void by virtue of this Act or any enactment repealed by this
Act, the fact that, a creditor has assented to the deed shall not
disentitle him to present a bankruptcy petition founded on the
execution of the deed of arrangement as an act of bankruptcy. (3) Save as otherwise expressly provided by this Act, this
Act shall not be construed as repealing or affect any provision
of the law for the time being in force in relation to bankruptcy
or give validity to any deed or instrument which by law is an
act of bankruptcy or void or voidable. Courts in which
applications for
enforcement of
trusts to be made
Relation to
bankruptcy law

which by law is an
act of bankruptcy or void or voidable. Courts in which
applications for
enforcement of
trusts to be made
Relation to
bankruptcy law

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.523
THE DEEDS OF ARRANGEMENT ACT [CAP. 26 R.E. 2023]
26. Subject to the provisions of this Act, and to any rules made
there under, a person shall be entitled to have an office copy
of, or extract from any deed registered under this Act upon
paying the prescribed fees and a copy or extract, in courts and
before arbitrators or other persons, shall be admitted as prima
facie evidence thereof, and the fact and date of registration as
shown thereon.
27. There shall be taken, in respect of the registration of deeds
of arrangement, and any copies, extracts, or official searches
made by the Registrar, fees as may be prescribed; and this Act
shall not make it obligatory on the Registrar to do, or permit
to be done, any act in respect of which fee is specified or
prescribed, except on payment of a fee.
28. The Chief Justice with the concurrence of the Minister
responsible for legal affairs may make general rules for carrying
into effect the objects of this Act.
Office copies
Fees
Rules
GN. No.
478 of 1962

er
responsible for legal affairs may make general rules for carrying
into effect the objects of this Act.
Office copies
Fees
Rules
GN. No.
478 of 1962

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.